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  1. Zimbra Public License, Version 1.4 (ZPL)
  2. This Zimbra Public License (this "Agreement") is a legal agreement that describes
  3. the terms under which Zimbra, Inc., a Texas corporation ("Zimbra") will provide
  4. software to you via download or otherwise ("Software"). By using the Software,
  5. you, an individual or an entity ("You") agree to the terms of this Agreement.
  6. In consideration of the mutual promises and upon the terms and conditions
  7. set forth below, the parties agree as follows:
  8. 1. Grant of Copyright License
  9. 1.1 - Subject to the terms and conditions of this Agreement, Zimbra hereby
  10. grants to You, under any and all of its copyright interest in and to the Software,
  11. a royalty-free, non-exclusive, non-transferable license to copy, modify, compile,
  12. execute, and distribute the Software and Modifications. For the purposes of
  13. this Agreement, any change to, addition to, or abridgement of the Software
  14. made by You is a "Modification;" however, any file You add to the Software
  15. that does not contain any part of the Software is not a "Modification."
  16. 1.2 - If You are an individual acting on behalf of a corporation or other
  17. entity, Your use of the Software or any Modification is subject to Your having
  18. the authority to bind such corporation or entity to this Agreement. Providing
  19. copies to persons within such corporation or entity is not considered distribution
  20. for purposes of this Agreement.
  21. 1.3 - For the Software or any Modification You distribute in source code format,
  22. You must do so only under the terms of this Agreement, and You must include
  23. a complete copy of this Agreement with Your distribution. With respect to
  24. any Modification You distribute in source code format, the terms of this Agreement
  25. will apply to You in the same way those terms apply to Zimbra with respect
  26. to the Software. In other words, when You are distributing Modifications under
  27. this Agreement, You "stand in the shoes" of Zimbra in terms of the rights
  28. You grant and how the terms and conditions apply to You and the licensees
  29. of Your Modifications. Notwithstanding the foregoing, when You "stand in the
  30. shoes" of Zimbra, You are not subject to the jurisdiction provision under
  31. Section 7, which requires all disputes under this Agreement to be subject
  32. to the jurisdiction of federal or state courts of Northern Texas.
  33. 1.4 - For the Software or any Modification You distribute in compiled or object
  34. code format, You must also provide recipients with access to the Software
  35. or Modification in source code format along with a complete copy of this Agreement.
  36. The distribution of the Software or Modifications in compiled or object code
  37. format may be under a license of Your choice, provided that You are in compliance
  38. with the terms of this Agreement. In addition, You must make absolutely clear
  39. that any license terms applying to such Software or Modification that differ
  40. from this Agreement are offered by You alone and not by Zimbra, and that such
  41. license does not restrict recipients from exercising rights in the source
  42. code to the Software granted by Zimbra under this Agreement or rights in the
  43. source code to any Modification granted by You as described in Section 1.3.
  44. 1.5 - This Agreement does not limit Your right to distribute files that are
  45. entirely Your own work (i.e., which do not incorporate any portion of the
  46. Software and are not Modifications) under any terms You choose.
  47. 2. Support
  48. Zimbra has no obligation to provide technical support or updates to You. Nothing
  49. in this Agreement requires Zimbra to enter into any license with You for any
  50. other edition of the Software.
  51. 3. Intellectual Property Rights
  52. 3.1 - Except for the license expressly granted under copyright in Section
  53. 1.1, no rights, licenses or forbearances are granted or may arise in relation
  54. to this Agreement whether expressly, by implication, exhaustion, estoppel
  55. or otherwise. All rights, including all intellectual property rights, that
  56. are not expressly granted under this Agreement are hereby reserved.
  57. 3.2 - In any copy of the Software or in any Modification you create, You must
  58. retain and reproduce any and all copyright, patent, trademark, and attribution
  59. notices that are included in the Software in the same form as they appear
  60. in the Software. This includes the preservation of attribution notices in
  61. the form of trademarks or logos that exist within a user interface of the
  62. Software.
  63. 3.3 - This license does not grant You rights to use any party's name, logo,
  64. or trademarks, except solely as necessary to comply with Section 3.2.
  65. 4. Disclaimer of Warranties
  66. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ZIMBRA
  67. MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR
  68. RELATING TO THE SOFTWARE. SPECIFICALLY, ZIMBRA DOES NOT WARRANT THAT THE SOFTWARE
  69. WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST
  70. EXTENT ALLOWED BY LAW, ZIMBRA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES
  71. OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ZIMBRA HAD BEEN
  72. INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE,
  73. ANY MODIFICATIONS THERETO, AND WITH RESPECT TO THE USE OF THE FOREGOING.
  74. 5. Limitation of Liability
  75. IN NO EVENT WILL ZIMBRA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
  76. EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION
  77. LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, AND COST
  78. OF COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING,
  79. PERFORMANCE, OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER,
  80. WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE,
  81. AND EVEN IF ZIMBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  82. 6. Term and Termination
  83. 6.1 - This Agreement will continue in effect unless and until terminated earlier
  84. pursuant to this Section 6.
  85. 6.2 - In the event You violate the terms of this Agreement, Zimbra may terminate
  86. this Agreement.
  87. 6.3 - All licenses granted hereunder shall terminate upon the termination
  88. of this Agreement. Termination will be in addition to any rights and remedies
  89. available to Zimbra at law or equity or under this Agreement.
  90. 6.4 - Termination of this Agreement will not affect the provisions regarding
  91. reservation of rights (Section 3.1), provisions disclaiming or limiting Zimbra's
  92. liability (Sections 4 and 5), Termination (Section 6), or Miscellaneous (Section
  93. 7), which provisions will survive termination of this Agreement.
  94. 7. Miscellaneous
  95. This Agreement contains the entire agreement of the parties with respect to
  96. the subject matter of this Agreement and supersedes all previous communications,
  97. representations, understandings, and agreements, either oral or written, between
  98. the parties with respect to said subject matter. The relationship of the parties
  99. hereunder is that of independent contractors, and this Agreement will not
  100. be construed as creating an agency, partnership, joint venture, or any other
  101. form of legal association between the parties. If any term, condition, or
  102. provision in this Agreement is found to be invalid, unlawful, or unenforceable
  103. to any extent, this Agreement will be construed in a manner that most closely
  104. effectuates the intent of this Agreement. Such invalid term, condition or
  105. provision will be severed from the remaining terms, conditions, and provisions,
  106. which will continue to be valid and enforceable to the fullest extent permitted
  107. by law. This Agreement will be interpreted and construed in accordance with
  108. the laws of the State of Delaware and the United States of America, without
  109. regard to conflict of law principles. The U.N. Convention on Contracts for
  110. the International Sale of Goods shall not apply to this Agreement. All disputes
  111. arising out of this Agreement involving Zimbra or any of its parents or subsidiaries
  112. shall be subject to the jurisdiction of the federal or state courts of Northern
  113. Texas, with venue lying in Dallas County, Texas. No rights may be assigned,
  114. no obligations may be delegated, and this Agreement may not be transferred
  115. by You, in whole or in part, whether voluntary or by operation of law, including
  116. by way of sale of assets, merger, or consolidation, without the prior written
  117. consent of Zimbra, and any purported assignment, delegation, or transfer without
  118. such consent shall be void ab initio. Any waiver of the provisions of this
  119. Agreement or of a party's rights or remedies under this Agreement must be
  120. in writing to be effective. Failure, neglect, or delay by a party to enforce
  121. the provisions of this Agreement or its rights or remedies at any time will
  122. not be construed or be deemed to be a waiver of such party's rights under
  123. this Agreement and will not in any way affect the validity of the whole or
  124. any part of this Agreement or prejudice such party's right to take subsequent
  125. action.
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